People v. Moe

Appellate Terms of the Supreme Court of New York

People v. Moe

62 Misc. 2d 27, 307 N.Y.S.2d 921, 1969 N.Y. Misc. LEXIS 975

Appellate Terms of the Supreme Court of New York·Decided December 17, 1969·Published·Cited by 6 cases

Opinion

Per Curiam.

Defendant’s guilt of the underlying charges of operating a motor vehicle on a public highway without a license and operating an unregistered motor vehicle was not established. A public park owned by a municipality with neither' roads nor sidewalks is not a “public highway ” within the meaning of sections 401 and 501 of the Vehicle and Traffic Law. (People v. County of Westchester, 282 N. Y. 224.) Furthermore, the ‘ ‘ minibike ” or “mini-motorcycle” here involved comes within the statutory definition of a “ motorcycle ” or “ motor-driven cycle ’ ’ rather than a “ motor vehicle ” and would in a proper case be [28] governed by sections 410 and 503 and not sections 401 and 501. (People v. Asselta, 1 A D 2d 960, 961; Vehicle and Traffic Law, §§ 123, 124 and 125.)

The judgment adjudicating defendant a youthful offender should be unanimously reversed on the law and facts and ' information dismissed.

Concur — Gulotta, P. J., Pittohi and McCullough, JJ.

Judgment reversed, etc.

Free access — add to your briefcase to read the full text and ask questions with AI

Per Curiam.

Defendant’s guilt of the underlying charges of operating a motor vehicle on a public highway without a license and operating an unregistered motor vehicle was not established. A public park owned by a municipality with neither' roads nor sidewalks is not a “public highway ” within the meaning of sections 401 and 501 of the Vehicle and Traffic Law. (People v. County of Westchester, 282 N. Y. 224.) Furthermore, the ‘ ‘ minibike ” or “mini-motorcycle” here involved comes within the statutory definition of a “ motorcycle ” or “ motor-driven cycle ’ ’ rather than a “ motor vehicle ” and would in a proper case be [28] governed by sections 410 and 503 and not sections 401 and 501. (People v. Asselta, 1 A D 2d 960, 961; Vehicle and Traffic Law, §§ 123, 124 and 125.)

The judgment adjudicating defendant a youthful offender should be unanimously reversed on the law and facts and ' information dismissed.

Concur — Gulotta, P. J., Pittohi and McCullough, JJ.

Judgment reversed, etc.

People v. Moe, 62 Misc. 2d 27, 307 N.Y.S.2d 921, 1969 N.Y. Misc. LEXIS 975 (N.Y. Ct. App. 1969).

Pincite

62 Misc. 2d 27 (People v. Moe) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related